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Articles 4891 - 4920 of 6812
Full-Text Articles in Entire DC Network
Business, The Environment, And The Roberts Court: A Preliminary Assessment, Jonathan H. Adler
Business, The Environment, And The Roberts Court: A Preliminary Assessment, Jonathan H. Adler
Faculty Publications
The Roberts Court has developed a reputation for being a "pro-business" court. This article, prepared for the 29 Santa Clara Law Review symposium on "Big Business and the Roberts Court," seeks to offer a preliminary assessment of this claim with reference to the Roberts Court's decisions in environmental cases. Reviewing the environmental law decisions of the Roberts Court to date reveals no evidence of a "pro-business" bias. This does not disprove the claim that the Roberts Court is pro-business, but it may suggest the need to refine conventional descriptions of the Roberts Court. The lack of a pro-business orientation in …
Will Directed Evolution Destroy Humanity, And If So, What Can We Do About It?, Maxwell J. Mehlman
Will Directed Evolution Destroy Humanity, And If So, What Can We Do About It?, Maxwell J. Mehlman
Faculty Publications
In contemplating the technologies emerging from the Human Genome Project, nothing scares people more than the prospect that we will attempt to use genetic engineering to control the human evolutionary process.
Habitat Selection By Anolis Carolinensis (Green Anole) In Open Pine Forests In Eastern Texas, Richard R. Schaefer, Robert R. Fleet, D. Craig Rudolph, Nancy E. Koerth
Habitat Selection By Anolis Carolinensis (Green Anole) In Open Pine Forests In Eastern Texas, Richard R. Schaefer, Robert R. Fleet, D. Craig Rudolph, Nancy E. Koerth
Faculty Publications
We initiated a mark-recapture study to determine the effects of shrub density on Anolis carolinensis (Green Anole) populations. Green Anole perch site, shrub species, and shrub volume preferences were also examined. We established two study plots of different shrub densities in open pine forests on the Angelina National Forest in eastern Texas. In late spring, the Green Anole population at the higher shrub-density plot was estimated to be 16 times greater than the population at the lower shrub-density plot. Green Anoles most commonly perched on live shrubs, but exhibited very little preference or avoidance of any particular species of live …
The Hidden Legacy Of Holy Trinity Church: The Unique National Institution Canon, Anita S. Krishnakumar
The Hidden Legacy Of Holy Trinity Church: The Unique National Institution Canon, Anita S. Krishnakumar
Faculty Publications
This Article explores an underappreciated legacy of the Supreme Court's (in)famous decision in Church of the Holy Trinity v. United States. Although Holy Trinity has been much discussed in the academic literature and in judicial opinions, the discussion thus far has focused almost exclusively on the first half of the Court's opinion—which declares that the "spirit" of a statute should trump its "letter"—and relies on legislative history to help divine that spirit. Scholars and jurists have paid little, if any, attention to the opinion's lengthy second half. In that second half, the Court tells a detailed narrative about the country's …
Who Says "I Do"? Reviewing Judith Butler & Gayatri Chakravorty Spivak, Who Sings The Nation-State? Language, Politics, Belonging (2007), Noa Ben-Asher
Who Says "I Do"? Reviewing Judith Butler & Gayatri Chakravorty Spivak, Who Sings The Nation-State? Language, Politics, Belonging (2007), Noa Ben-Asher
Faculty Publications
This Book Review offers an analogy between two forms of resistance to legal discrimination by marginalized minorities: singing the national anthem in Spanish on the streets of Los Angeles in the spring of 2006 by undocumented immigrants, and possible future public marriage ceremonies by LGBT people and other marriage outlaws. Based on the conceptual grounds laid by Judith Butler and Gayatri Spivak, and earlier by Hannah Arendt, the Review uses an analogy to the public singing of the anthem in Spanish in order to argue that the performance of public marriage ceremonies by LGBT people and other marriage outlaws may …
Culpability In Creating The Choice Of Evils, Marc O. Degirolami
Culpability In Creating The Choice Of Evils, Marc O. Degirolami
Faculty Publications
Can an actor justify criminal conduct when he was criminally culpable in creating the conditions making it necessary? Virtually every American jurisdiction answers that he cannot and bars the necessity defense under those circumstances. Whereas many scholars have condemned that response, this Article takes the very different view that the exclusion of the defense for purposeful, knowing, and reckless criminal conduct that directly causes the conditions leading to the allegedly justified act represents a sound retributivist check on what is an otherwise cruder evaluation of whether conduct is socially valuable, worthy of praise, or, in a word, justified. Criminal "created …
The Lawyer As Catalyst Of Social Change, James E. Moliterno
The Lawyer As Catalyst Of Social Change, James E. Moliterno
Faculty Publications
No abstract provided.
Giles V. California: Avoiding Serious Damage To Crawford's Limited Revolution, Robert P. Mosteller
Giles V. California: Avoiding Serious Damage To Crawford's Limited Revolution, Robert P. Mosteller
Faculty Publications
No abstract provided.
Detection Of Free-Ranging West Indian Manatees Trichechus Manatus Using Side-Scan Sonar, Daniel Gonzalez-Socoloske, Leon David Olivera-Gomez, Robert E. Ford
Detection Of Free-Ranging West Indian Manatees Trichechus Manatus Using Side-Scan Sonar, Daniel Gonzalez-Socoloske, Leon David Olivera-Gomez, Robert E. Ford
Faculty Publications
Turbid and tannin-stained waterways are difficult habitats to study and present problems with respect to the management of aquatic fauna, and especially of endangered and cryptic animals such as manatees Trichechus spp. Linnaeus. Throughout much of the range of the extant trichechid species (T. inunguis, T. manatus, and T. senegalensis), the scientific approaches that are used successfully to document the status of the Florida subspecies (T. m. latirostris) are not feasible, due either to constraints associated with habitat or to the high costs involved. We examined the use of side-scan sonar as a novel way to acoustically detect free-ranging West …
A Report On The 180 Symposium, Roger Dudley, Allen Walshe
A Report On The 180 Symposium, Roger Dudley, Allen Walshe
Faculty Publications
No abstract provided.
A Downwind View Of The Cathedral: Using Rule Four To Allocate Wind Rights, Troy A. Rule
A Downwind View Of The Cathedral: Using Rule Four To Allocate Wind Rights, Troy A. Rule
Faculty Publications
The rapid pace of U.S. wind energy development is generating a growing number of conflicts over competing wind rights. The “wake” of a commercial wind turbine creates turbulence and unsteady wind flow that can reduce the productivity of other wind turbines situated downwind. Existing law is unclear as to whether a landowner who installs a wind turbine on its property is liable for the lost productivity of a downwind neighbor’s turbine resulting from such wake effects. Legal uncertainty as to how competing wind rights are shared among neighbors can induce wind energy developers to abandon otherwise lucrative turbine sites situated …
A Remote Sensing And Gis-Assisted Spatial Decision Support System For Hazardous Waste Site Monitoring, John R. Jensen, Michael E. Hodgson, Maria Garcia-Quijano, Jungho Im, Jason A. Tullis
A Remote Sensing And Gis-Assisted Spatial Decision Support System For Hazardous Waste Site Monitoring, John R. Jensen, Michael E. Hodgson, Maria Garcia-Quijano, Jungho Im, Jason A. Tullis
Faculty Publications
Humans produce large amounts of waste that must be processed or stored so that it does not contaminate the environment. When hazardous wastes are stored, waste site monitoring is typically conducted in situ which can lead to a serious time lag between the onset of a problem and detection. A Remote Sensing and GIS-assisted Spatial Decision Support System for Hazardous Waste Site Monitoring was developed to improve hazardous waste site management. The system was designed to be recursive, flexible, and integrative. It is recursive because the system is implemented iteratively until the risk assessment subsystem determines that an event is …
Dying To Know: A Demand For Genuine Public Access To Clinical Trial Results Data, Christine Galbraith Davik
Dying To Know: A Demand For Genuine Public Access To Clinical Trial Results Data, Christine Galbraith Davik
Faculty Publications
Four years ago at the age of 34, I heard the awful words "I'm sorry, but you have breast cancer" coming from my doctor. After the initial shock of the diagnosis wore off, I like many others who have faced life-threatening diseases began to work with a team of physicians to develop an appropriate treatment plan, which included contemplating enrollment in a clinical trial. Quite unexpectedly, my position as an intellectual property professor whose scholarship focuses primarily on information control, my role as a member of my university's Institutional Review Board that oversees studies involving human subjects, and my newly …
Sample Size Calculation For Finding Unseen Species, Hongmei Zhang, Hal Stern
Sample Size Calculation For Finding Unseen Species, Hongmei Zhang, Hal Stern
Faculty Publications
Estimation of the number of species extant in a geographic region has been discussed in the statistical literature for more than sixty years. The focus of this work is on the use of pilot data to design future studies in this context. A Dirichlet-multinomial probability model for species frequency data is used to obtain a posterior distribution on the number of species and to learn about the distribution of species frequencies. A geometric distribution is proposed as the prior distribution for the number of species. Simulations demonstrate that this prior distribution can handle a wide range of species frequency distributions …
The Rest Is Silence: Chevron Deference, Agency Jurisdiction, And Statutory Silences, Jonathan H. Adler, Nathan Alexander Sales
The Rest Is Silence: Chevron Deference, Agency Jurisdiction, And Statutory Silences, Jonathan H. Adler, Nathan Alexander Sales
Faculty Publications
Should agencies receive Chevron deference when interpreting the reach of their own jurisdiction? This Article argues that, in general, they should not. The authors begin by identifying and detailing the various different types of “jurisdictional questions” that may arise in statutory interpretation. The Article then surveys how courts have analyzed these different aspects of the jurisdiction problem, with a particular attention directed to statutory silences. The Court’s Chevron jurisprudence strongly suggests that deference to agency determinations of their own jurisdiction should be disfavored, particularly where a statute is silent (and not merely ambiguous) about the existence of agency jurisdiction. In …
Business, The Environment, And The Roberts Court: A Preliminary Assessment, Jonathan H. Adler
Business, The Environment, And The Roberts Court: A Preliminary Assessment, Jonathan H. Adler
Faculty Publications
The Roberts Court has developed a reputation for being a "pro-business" court. This article, prepared for the 2009 Santa Clara Law Review symposium on "Big Business and the Roberts Court," seeks to offer a preliminary assessment of this claim with reference to the Roberts Court's decisions in environmental cases. Reviewing the environmental law decisions of the Roberts Court to date reveals no evidence of a "pro-business" bias. This does not disprove the claim that the Roberts Court is pro-business, but it may suggest the need to refine conventional descriptions of the Roberts Court. The lack of a pro-business orientation in …
At The End Of The Clinical Trial: Does Access To Investigational Technology End As Well?, Richard S. Saver
At The End Of The Clinical Trial: Does Access To Investigational Technology End As Well?, Richard S. Saver
Faculty Publications
No abstract provided.
Hugo Loetscher, Romey Sabalius
When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo
When God Hates: How Liberal Guilt Lets The New Right Get Away With Murder, Jose M. Gabilondo
Faculty Publications
No abstract provided.
Strength In Numbers: Setting Quantitative Criteria For Listing Species Under The Endangered Species Act, Kalyani Robbins
Strength In Numbers: Setting Quantitative Criteria For Listing Species Under The Endangered Species Act, Kalyani Robbins
Faculty Publications
My primary thesis is that the Fish & Wildlife Service and the National Marine Fisheries Service need to set quantitative criteria for listing species under the Endangered Species Act in order to promote consistency, transparency, and efficiency. I suggest a model for doing so, the use of which would create an opportunity to move beyond the political quagmire surrounding the selection of vulnerable species for preservation. Like my other environmental scholarship, the article merges scientific research in the field of conservation biology with legal analysis. With the status quo, listing decisions often turn on wildly different factors, including some not …
Diagramming Tpack In Practice: Using An Elaborated Model Of The Tpack Framework To Analyze And Depict Teacher Knowledge, Suzy Cox, Charles R. Graham
Diagramming Tpack In Practice: Using An Elaborated Model Of The Tpack Framework To Analyze And Depict Teacher Knowledge, Suzy Cox, Charles R. Graham
Faculty Publications
The introduction of the TPACK model by Mishra and Koehler (2006) has had a profound impact on the field of educational technology. It has inspired teachers, teacher educators, and educational technologists to reevaluate their knowledge and use of technology in the classroom. While Koehler, Mishra, and others have attempted to define and measure TPACK, the framework is not yet fully understood (Angeli & Valanides, 2009). Thus far, the explanations of technological pedagogical content knowledge and its associated constructs that have been provided are not clear enough for researchers to agree on what is and is not an example of each …
Location And Landscape In Literary Americanisms: H. L. Davis And F. Scott Fitzgerald, David T. Sumner
Location And Landscape In Literary Americanisms: H. L. Davis And F. Scott Fitzgerald, David T. Sumner
Faculty Publications
Well into the twentieth century, western American literature was still dismissed as regional or was boxed in by the genre expectations of pulp Westerns. This chapter focuses less on the causes of an eastern dismissal of western literature and more on what is unique about western literature, including how it reflects the larger western experience. Sumner looks at the particular Americanisms evident in the letters of the American West, using two short stories to make his argument: H. L. Davis’s Open Winter and F. Scott Fitzgerald’s Babylon Revisited.
The Short-Term Effect Of Whole Body Vibration Training On Sprint Start Performance In Collegiate Athletes, J. Brent Feland, J. Ty Hopkins, Iain Hunter, Brad Roberts
The Short-Term Effect Of Whole Body Vibration Training On Sprint Start Performance In Collegiate Athletes, J. Brent Feland, J. Ty Hopkins, Iain Hunter, Brad Roberts
Faculty Publications
Whole body vibration (WBV) is characterized by a vibratory stimulus emitted throughout the body through the use of a vibrating platform on which the subject stands. Studies have shown over 30% increases in maximal explosive strength such as maximal speed biceps curl as well as increases in maximum dynamic force such as maximal sitting bench pull as the result of vibration. The purpose of this study was to investigate the effects of short term whole-body vibration on sprint starts among collegiate track athletes. On the first day eleven subjects were randomly assigned to either a non-vibration or vibration group for …
2008 Season At Tall Jalul, Jordan, Randall W. Younker Editor
2008 Season At Tall Jalul, Jordan, Randall W. Younker Editor
Faculty Publications
No abstract provided.
Position Of The American Dietetic Association: Vegetarian Diets, Winston J. Craig, Ann Reed Mangels
Position Of The American Dietetic Association: Vegetarian Diets, Winston J. Craig, Ann Reed Mangels
Faculty Publications
It is the position of the American Dietetic Association that appropriately planned vegetarian diets, including total vegetarian or vegan diets, are healthful, nutritionally adequate, and may provide health benefits in the prevention and treatment of certain diseases. Well-planned vegetarian diets are appropriate for individuals during all stages of the life cycle, including pregnancy, lactation, infancy, childhood, and adolescence, and for athletes. A vegetarian diet is defined as one that does not include meat (including fowl) or seafood, or products containing those foods. This article reviews the current data related to key nutrients for vegetarians including protein, n-3 fatty acids, iron, …
A Comparison Of The Communal Lament Psalms And The Treaty-Covenant Formula, Dan Belnap, Daniel L. Belnap
A Comparison Of The Communal Lament Psalms And The Treaty-Covenant Formula, Dan Belnap, Daniel L. Belnap
Faculty Publications
Within the corpus of psalms in the Hebrew Bible is a group known as the communal laments. Characterized by their use of the first person common plural pronoun, some type of calamity experienced by the community, and a petition to God, these psalms incorporate similar imagery, terminology, and structure. This study explores these psalms and suggests that they relate closely to the Hittite treaty-covenant formula found elsewhere in the Hebrew Bible, yet differ in that they reflect an ongoing covenantal relationship rather than the establishment of such. Thus, these psalms emphasize Israel’s expectation that God, as the senior covenantal party, …
Do Emotions Have Distinct Vocal Profiles? A Study Of Idiographic Patterns Of Expression, Bruce L. Brown, Matthew M. Spackman, Sean Otto
Do Emotions Have Distinct Vocal Profiles? A Study Of Idiographic Patterns Of Expression, Bruce L. Brown, Matthew M. Spackman, Sean Otto
Faculty Publications
Research on vocal expressions of emotion indicates that persons can identify emotions from voice with relatively high accuracy rates. In addition, fairly consistent vocal profiles for specific emotions have been identified. However, important methodological issues remain to be addressed. In this paper, we address the issue of whether there are individual differences in the manner in which particular emotions may be expressed vocally and whether trained speakers’ portrayals of emotion are in some sense superior to untrained speakers’ portrayals. Consistent support was found for differences across speakers in the manner in which they expressed the same emotions. No accompanying relationship …
A Tripartite Pillared Building In Transjordan, Paul Z. Gregor
A Tripartite Pillared Building In Transjordan, Paul Z. Gregor
Faculty Publications
No abstract provided.
Tpack Development In Science Teaching: Measuring The Tpack Confidence Of Inservice Science Teachers, Charles R. Graham, Nicolette Burgoyne, Pamela Cantrell, Leigh Smith, Larry St. Clair, Ron Harris
Tpack Development In Science Teaching: Measuring The Tpack Confidence Of Inservice Science Teachers, Charles R. Graham, Nicolette Burgoyne, Pamela Cantrell, Leigh Smith, Larry St. Clair, Ron Harris
Faculty Publications
Knowledge related to the effective use of educational technologies has become widely recognized as an important aspect of an educator’s knowledge-base for the 21st Century (ISTE, 2008; National Council for Accreditation of Teacher Education, 1997; Partnership for 21st Century Skills, 2003). Early in the history of educational technology, educators were taught in technology classes that focused primarily on technology skills independent from the pedagogical or content courses (Graham, Culatta, Pratt, & West, 2004; Hargrave & Hsu, 2000; Willis & Mehlinger, 1996). Educators soon recognized that technology skills alone did not serve them well because one could know how to operate …
Spin Dynamics For Wave Packets In Rashba Systems, Bailey C. Hsu, Jean F. Van Huele
Spin Dynamics For Wave Packets In Rashba Systems, Bailey C. Hsu, Jean F. Van Huele
Faculty Publications
We explore spin dynamics for localized wave packets in Rashba systems using spin quantum propagators. We derive exact (one-dimensional) and approximate (two-dimensional) analytic expressions for the propagators and apply them to Gaussian wave packets to obtain localized solutions of systems manifesting Rashba interactions. We observe and describe the evolution of the wave packets. We identify characteristic structures in the wave-packet evolution and look for features with specific spintronics applications such as spin separation and spin accumulation. We discuss the relative importance of those features as a function of the Rashba coupling strength α and the width of the wave packet …